Thursday, November 12, 2015

The Madison County Election Commission certified the results for the District 4 Supervisor race. The Clarion-Ledger's Sarah Fowler is tweeting away from the courthouse in Canton. Follow her at @fowlersarah as she is providing pretty good coverage on Karl Banks's loss. Don't worry, there will probably be a ballot examination and a court challenge.

41 comments:

Anonymous
said...

Dorsey Carson needs to go back to practicing construction law for his client, Rudy (I own Madison County) Warnock. Dorsey's letter yesterday shows his lack of knowledge of election laws and processes, if one had not already seen it from his display at the courthouse the past week. You can bet the Banks legal team will be enhanced by the end of today.

The problem for us in the county is that Bishop has chosen Jim Herring as his attorney for this fight - and he doesn't know much more about it than Dorsey, if even as much. Herring will be overrun once this thing goes in front of a Judge - sit back and watch for Banks return. And all because Herring is trying to make a power play in his goal to replace Espy as Board attorney. A shame.

Herring is a very good lawyer who may have slowed down a step with age but made up for it with his honesty. Really doubt that Herring wants to be board attorney, although Espy has shown any dummy can do the job.

Yall act like election law is some type of brain surgery. Here is a hint. It is not.

Dorsey and his group can do a fine job representing Banks.

The facts make the case...not the lawyers...especially in these type cases.

If Henry Lackey is assigned this case, go ahead and get Bishop a new name plate because it is all over for Banks. Lackey hates Democrats and has never found a violation sufficient to warrant a change in the election.

Here comes the Banks super-legal team (Banks,Ross,Espy,and Carson) the heavy sluggers for Round two. Never know the NAACP may even get involved since three of the five votes of Election Commission were white. There are holes all in this election. Due to the massive improprieties, and tampering leaving out the 29 affidavits may give Banks a case. Any rational judge will call for a re-election due to the facts. This means Banks will have a greater possibility than Bishop in that circumstance, and Bishop's camp knows this as well and that is why his group wanted it certified. That is they key thing that is in Bishop's favor. This could get ugly real quick.

The affidavit votes were included in the results that were certified. Carson was just trying to make something up to halt the process - grasping at straws. There are no holes, tampering, or massive improprieties as 1:16(Dorsey?) stated. Needless to say, this isn't over, but it appears as if the commission got it right. There will be no re-election but, unfortunately, it will be in the courts, which will be a waste of everyone's time and money. Banks just needs to take his cry baby attitude home and look forward to the pension he'll be getting for his 30 some odd years.

Herring is a good attorney - at the areas he is experienced in. Carson is also a good attorney - under the same definition. Problem is that Carson is going to be replaced for the court case by a real attorney that knows something about election law, while Herring is in place for the remainder. Despite 12:43's well educated opinion, election contests are a specialty that most lawyers will not even consider handling because it is an area that they have not studied or are current on from their practice. Understand Cory Wilson was there today, so appears he might have been brought in to add some knowledge and that's certainly a plus. But will be interesting to see what role he plays under the Honorable Mr. Herring.

This case will be with a Madison County jury - and led by an appointed judge. Different than most of the election cases we have seen lately with only the judge without jury. Banks will find enough to make it easy for the jury to say lets have a new election unless Herring and group are lucky and all Banks says is the foolishness thrown out there so far by Dorsey.

One can only HOPE that Espy will remain involved. Banks has no hope. He will be night-shift guard at the new lake, but has to turn in the county car.

Picture it now, if you will (in my best Rod Serling voice)...

A table at McDonalds in Madison. 6:12 a.m. Howland, Banks, Rudy, John Bell, Elvis and the insurance-girl from StarVegas doing a flip-chart presentation on how to pull off a successful coux de tat. Guest speaker, shows up late, is none other than D.I.

2:29 here. 6:24 - I was told by someone who was there that both sides examined the affidavits and they were included in count. I'm sure the court will look into that and whether they are legal. Should be easy enough to come up with the right tally.

7:00 PM I was informed by someone who was there each day as well. The affidavit ballots were tallied by both sides. The Curbside ballots were also tallied by both sides as well as Lake Caroline's absentees. They counted the number of the absentees, then curbsides, and then affidavits. It's easy to count but that committee didn't want to count. One commissioner even told the clarion ledger that he gets paid for 5 hours and he went well over his time. Perhaps, he shouldn't be a commissioner if his excuse of not considering doing his job correctly is that he gets paid for five hours a day.

The legal issues will be decided by the appointed judge....and I bet a dime to a dollar that its Lackey. He has been appointed to about 5 of these things recently. And he has shown a disdain for finding genuine issues of material fact sufficient to warrant a pass by a jury.

And Cory Wilson's knowledge of election law is no better than any other former defense lawyer. You have obviously never worked against Carson. He is diligent and thorough and his staff is second to none. You may disagree with his politics but you have no personal knowledge of his legal acumen.

Interesting point made above about Banks retiring on a pension following 30 years in the job. The problem I have with that is I'm not sure county supervisors are covered by PERS, and if not, there IS no 'pension'.

Interesting to note, also, is the fact that these are part time jobs and no part time job, to my knowledge, is covered under the state retirement system.

Two Madison county supervisors have remained in these jobs for years, for ONE reason. And we all know what the reason is. Banks downfall seems to have been that so many voters moved into new houses in this district who were, ah, not particularly impressed with that reason. A majority, plus one, didn't buy into the status quo.

Supervisors are covered by PERS - no matter how few hours they work. they also get all county insurance benefits. AnAppendix C Elected Official Leave Table (See page 16.)Credit for elected official leave is awarded at retirement at no cost to members as follows:Total Years in Office Allowed for Term / Cumulative Total Service Credit4 121.5 days 121.5 days 0.50 years8 126.0 days 247.5 days 1.00 years12 132.0 days 379.5 days 1.50 years16 133.5 days 513.0 days 2.00 years20 138.0 days 651.0 days 2.75years24 138.0 days 789.0 days 3.25 years28 138.0 days 927.0 days 3.75 years32 138.0 days 1,065.0 days 4.25 yearsKarl gets 4.25 extra years added to his service for "vacation" that wasn't used. See above chart from MS PERS Handbook

All elected officials get a "bonus" on their pension. The post above is correct. After 32 years. Banks will get 71.5 percent of his highest average 4 years of pay. He makes somewhere around $42,000 per year. Therefore his pension will be about $30,000 per year. of Course, he will not have to pay social security, retirement or state income tax on that so he will probably end up with more take home pay, even before receiving social security. I wonder why he would give up money to go to work?

"Vacation not used". What a fookin' joke. And the only way the person who typed that would have that information is if it's either Banks or someone who works at PERS or the Chancery Clerk's Office.

The reason the legislature is covered by PERS is because, very simply, they are the ones who wrote the rules. And our very own Rita Martinson was one of the primary collusionists.

Not sure how or why county supervisors managed to be covered. But, if they are, they are also 'umbrellad' by the federal wage hour rule that allows comp time in lieu of overtime. I would imagine that Banks has at least eleven years of comp time. Wonder what Crosby's accumulated comp time was. This shit is getting way deeper than Rudy's lake.........

8:48; Not sure what you mean by 'he won't have to pay social security on it....'. Depending on his total income, and assuming he files an annual tax return, he may well have to take a hit once the Social Security formula is worked out. Mississippi does not tax pensions or retirement income. That does NOT apply to the IRS.

I'm sure we can count on Banks to pay his fair share just as he's paid for personal use of a county vehicle (and gas) all these years.

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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!